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(영문) 대구지방법원 김천지원 2013.11.27 2013고단1187
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2011, the Defendant was issued a summary order of KRW 5 million with a fine for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on May 19, 201, and on July 1, 201, the Defendant was issued a summary order of KRW 4 million with a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court on July 1, 201.

On August 21, 2013, at around 23:40, the Defendant driven a BF rocketing car with blood alcohol concentration of 0.141% under the influence of alcohol on the side of the Southern Maritime Affairs, which is located in the old-si Maok-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. A brewing driver's report (13 pages of investigation records);

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification reports on the same criminal records), and application of Acts and subordinate statutes of a copy of summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant for sentencing of Article 62-2 of the Criminal Act (hereinafter referred to as the "order to Attend") did not know about the fact that he had been punished four times due to drinking driving, and that he was engaged in drinking driving at once, the liability for the crime is not less severe, but the fact that he has no record of punishment more than a suspended sentence, and that he is against the law, the punishment is determined as ordered

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